How this Supreme Court ruling is already affecting gun reform in a blue state

The New Mexico Senate Judiciary Committee met recently to determine how much latitude they had to regulate firearms after last year’s explosive Second Amendment ruling by the Supreme Court.

Most sounded confused. Some seemed unaware that the laws they passed might not hold up in court if a similar regulation had not been on the books in the 18th century. One lawmaker called the ruling “mind-boggling.” Another asked if his authority was now limited to regulating firearms “where you have to manually load the powder.”

New Mexico’s legislative session opened last month with gun reform high on the agenda. After a series of politically motivated shootings at the homes of Democratic lawmakers in Albuquerque, Gov. Michelle Luján Grisham (D) requested a series of firearms restrictions, including a ban on assault weapons, in his State of the State address in January.

But with a week left in session, lawmakers are cautiously approaching gun bills and wary of passing laws that would conflict with a Supreme Court that has taken a strong stance on the side of gun rights. The legislature is likely to pass some gun reform before the end of session, but lawmakers say an assault weapons ban is unlikely to hold up in court, and they’re unsure of a proposal to raise the age for buy some types of firearms. 18 to 21.

“What I hope we don’t do is lead the public to believe that we’re doing something, knowing full well that what we’re doing is unlikely to actually have an effect,” said Joseph Cervantes, chairman of the state Senate Judiciary Committee. at the hearing last month. “I think that’s a disservice to people.”

Waning reform momentum in New Mexico highlights how the Supreme Court’s decision in New York State Rifle & Pistol Association Inc. v. Bruen, who struck down a limited provision of New York’s concealed carry law, not only strikes down the gun restrictions, but also blocks them from getting through in the first place.

“That the bridge The ruling is going to hurt us for decades to come,” said Miranda Viscoli, co-chair of New Mexicans to Prevent Gun Violence. “It will be the excuse for all the conservative Democrats who don’t want to pass common sense gun laws.”

The majority opinion, written by Justice Clarence Thomas, ordered federal courts to stop considering the safety concerns of state governments when weighing the constitutionality of gun restrictions.

Instead, judges should look only at the text of the Second Amendment to judge whether a gun restriction violates the Constitution. The main exception Thomas envisioned were gun restrictions with a historical precedent, ideally those dating back to the passage of the Bill of Rights in 1791.

The Supreme Court then sent four gun cases back to the lower courts for another try. The cases, which have yet to be decided, cover magazine restrictions in California and New York, an assault weapons ban in Maryland and concealed carry rules in Hawaii, raising the possibility that courts will strike down several other laws soon. of key reforms common to blue states. .

Faced with a more conservative Supreme Court, some Democratic-led states like New York and California have pushed further on gun restrictions, noting that states with more gun control generally also have lower rates of gun violence and fewer mass shootings. .

But while Democrats dominate both houses of the New Mexico legislature and hold the governor’s office, guns remain popular in the sparsely populated and largely rural state. So it was a tall order when Luján Grisham demanded a comprehensive gun reform package, capped off with an assault weapons ban, even before Bruen’s chilling effect..

However, a bill is likely to be passed that would hold adults accountable for allowing their firearms to fall into the hands of children. Another that requires a 14-day waiting period for gun purchases may pass. And a bill that increases the liability of gun manufacturers also has a chance.

Luján Grisham, for his part, has refused to admit defeat on assault weapons ban, hinting last week during a speech to groups of schoolchildren the possibility of calling a special session to promote it. The New Mexico legislature normally meets once every two years for two and a half months.

“How many of you have a constitutional right to be safe at school?” Luján Grisham asked the children. “I think we also have that right.”